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Originally Posted by ebus_dk
Once again you fail to understand what you read.
Why do you think I typed "published" in capital letters?
The VEOH case is about IO Group suing about transcoding. I'm talking about publishing for gods sake. Jesus christ it's like talking to religious fanatic. Read the bloody facts man.
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i suggest you read the law again
http://www.keytlaw.com/Copyrights/dmcalaw.htm
the law is written as an exemption of liablity under certain conditions
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A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider
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so at the time of publishing (storage included "publishing" based on ruling regarding hosting providers and websites) did they meet those conditions, if yes then they are exempt from the infringement liabilities (ergo they have not committed a crime yet)
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The SECOND VEOH made the content avalible on the net, they broke the law - PERIOD. That is a FACT. Small crime, but still a crime
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nope they commited no crime because they met the conditions that made them exempt from the crime
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THEN - the procedure is for the copyrightholder to ask for the content to be taken down OR the host can be forced to shut the site down
VEOH followed the request and took it down fast.
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still complying with the conditions of exemption ergo still not a crime
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BUT IO Group still went ahead and tried to get them hit for Transcoding. Noone but sigwhores and idiots would ever think they could get sued for transcoding. Transcoding have never been a crime and never will.
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there were like more than 1/2 dozen people arguing that converting a file from media file format to flash was enough to get around the safe harbor provision
glad to see i am not the only one thinks those people were idiots (ok i don't think they were idiots just clutching at false hope because of a personal bias)